Applying for approval for accident-relevant changes to an installation requiring approval

If you intend to make changes to an installation that requires a permit, you must first apply for a permit from the responsible authority.

Do you operate an installation that is subject to immission control licensing and constitutes an operating area or is part of an operating area, and are you planning to make changes to the installation that are relevant to incidents, as a result of which the appropriate safety distance to neighboring protected objects is undercut for the first time, the safety distance that has already been undercut is undercut even further or a significant increase in risk is triggered?

These projects may result in the modification triggering a significant increase in risk from the installation or other immission control requirements may no longer be guaranteed. Against this background, the immission control authority must review these changes. To do this, you must submit an application for a modification permit and submit all the documents required for the assessment.

The application can be made in writing or electronically. However, approval is not required if and to the extent that the requirement to maintain an appropriate safety distance is already taken into account at the level of a spatially significant plan or measure by means of binding specifications.

The environmental department of the regional council responsible for the plant location is responsible.

Application documents according to legal basis
The forms and instructions are available online for download:

Approval for change shall be granted if:

• it is ensured that the obligations arising from the requirements of the Federal Immission Control Act and the Federal Immission Control Ordinance are fulfilled and
• other public law regulations and occupational health and safety concerns do not conflict with the construction and operation of the plant.

Action before the administrative court or administrative court of justice

The approval procedure requires a written or electronic application, which must be accompanied by the drawings, explanations and other documents required to check the approval requirements.

If the application is complete, it must be made public together with the documents and then displayed for one month. At the latest at the same time as the public announcement of the project, the licensing authority shall simultaneously request the authorities to be involved to submit their comments on the licensing requirements within one month.

If there are objections, these will be discussed with you and those who have raised the objections in a meeting. Once the licensing authority has determined all the circumstances that are relevant to the granting of a license, a decision must be made on the application.

The approval decision must be substantiated in writing and will be served to you and the persons who have raised objections. The notification of the approval notice to objectors can be replaced by a public announcement.

There is no deadline.

Further costs may be incurred.: Fee from 2.500,00 EUR to 1.800.000,00 EUR